House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 1 — Bail

    343

 

              (3)             Subsection (1) does not apply to a disclosure of information which is

made—

                    (a)                   with the written consent of the person to whom the

information relates,

                    (b)                   to a government department,

5

                    (c)                   to a person appointed to an office by virtue of any enactment,

                    (d)                   in accordance with an obligation to provide information

under or by virtue of any enactment, or

                    (e)                   for some other purpose specified in regulations made by the

Secretary of State.

10

              (4)             A person who is guilty of an offence under this section shall be liable

on summary conviction to imprisonment for a term not exceeding 51

weeks or to a fine not exceeding level 3 on the standard scale, or to

both.”

  12       In section 125 (regulations)—

15

              (a)             subsection (3) is omitted, and

              (b)             in subsection (4), the words “to which subsection (3) does not apply”

are omitted.

Schedule 30

Section 300

 

Further minor and consequential amendments

20

Part 1

Bail

Bail Act 1976 (c. 63)

  1        The Bail Act 1976 is amended as follows.

  2       (1)      Section 5(6A)(a) (supplementary provisions about decisions on bail) is

25

amended as follows.

          (2)      After “examination)” there is inserted “, section 52(5) of the Crime and

Disorder Act 1998 (adjournment of proceedings under section 51 etc)”.

          (3)               After sub-paragraph (ii) there is inserted—

                                 “(iia)                                   section 17C (intention as to plea:

30

adjournment), or”.

          (4)                        After sub-paragraph (iii) there is inserted “or

                                 (iiia)                                   section 24C (intention as to plea by child or

young person: adjournment),”.

  3        In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted—

35

          “2                  References in this Schedule to previous grants of bail include—

                      (a)                     bail granted before the coming into force of this Act;

                      (b)                     as respects the reference in paragraph 2A of Part 1 of this

Schedule (as substituted by section 14(1) of the Criminal

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 2 — Charging etc

    344

 

Justice Act 2003), bail granted before the coming into force

of that paragraph;

                      (c)                     as respects the references in paragraph 6 of Part 1 of this

Schedule (as substituted by section 15(1) of the Criminal

Justice Act 2003), bail granted before the coming into force

5

of that paragraph;

                      (d)                     as respects the references in paragraph 9AA of Part 1 of

this Schedule, bail granted before the coming into force of

that paragraph;

                      (e)                     as respects the reference in paragraph 5 of Part 2 of this

10

Schedule (as substituted by section 13(4) of the Criminal

Justice Act 2003), bail granted before the coming into force

of that paragraph.”

Supreme Court Act 1981 (c. 54)

  4       (1)      Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.

15

          (2)      In subsection (1)(g) after “examination)” there is inserted “, section 52(5) of

the Crime and Disorder Act 1998 (adjournment of proceedings under section

51 etc)”.

          (3)      In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted

and after that sub-paragraph there is inserted—

20

                           “(iia)                             section 17C (intention as to plea: adjournment);”.

          (4)      In subsection (1)(g) after sub-paragraph (iii) there is inserted “or

                           (iiia)                             section 24C (intention as to plea by child or young

person: adjournment);”.

Police and Criminal Evidence Act 1984 (c. 60)

25

  5        In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted

by custody officer after charge)—

              (a)             for “2” there is substituted “2(1)”, and

              (b)             after “1976” there is inserted “(disregarding paragraph 2(2) of that

Part)”.

30

Part 2

Charging etc

Criminal Law Act 1977 (c. 45)

  6        In section 39 of the Criminal Law Act 1977 (service of summons and citation

throughout United Kingdom) for subsection (1) there is substituted—

35

              “(1)                The following documents, namely—

                    (a)                   a summons requiring a person charged with an offence to

appear before a court in England or Wales,

                    (b)                   a written charge (within the meaning of section 28 of the

Criminal Justice Act 2003) charging a person with an offence,

40

                    (c)                   a requisition (within the meaning of that section) requiring a

person charged with an offence to appear before a court in

England or Wales, and

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 2 — Charging etc

    345

 

                    (d)                   any other document which, by virtue of any enactment, may

or must be served on a person with, or at the same time as, a

document mentioned in paragraph (a), (b) or (c) above,

                              may, in such manner as may be prescribed by rules of court, be

served on him in Scotland or Northern Ireland.”

5

Magistrates’ Courts Act 1980 (c. 43)

  7        The Magistrates’ Courts Act 1980 is amended as follows.

  8       (1)      Section 1 (issue of summons to accused or warrant for his arrest) is amended

as follows.

          (2)                                 In subsection (3) after “section” there is inserted “upon an information being

10

laid”.

          (3)      In subsection (4) after “summons” there is inserted “, or a written charge and

requisition,”.

          (4)                        In subsection (6) after “has” there is inserted “, or a written charge and

requisition have,”.

15

          (5)      After subsection (6) there is inserted—

              “(6A)                Where the offence charged is an indictable offence and a written

charge and requisition have previously been issued, a warrant may

be issued under this section by a justice of the peace upon a copy of

the written charge (rather than an information) being laid before the

20

justice by a public prosecutor.”

          (6)      After subsection (7) there is inserted—

              “(7A)                For the purposes of subsection (6A) above, a copy of a written charge

may be laid before, and a warrant under this section may be issued

by, a single justice of the peace.”

25

  9        In section 150(1) (interpretation of other terms) after the definition of

“prescribed” there is inserted—

                    “public prosecutor”, “requisition” and “written charge” have the same

meaning as in section 28 of the Criminal Justice Act 2003;”.

Prosecution of Offences Act 1985 (c. 23)

30

  10      (1)      Section 15 of the Prosecution of Offences Act 1985 (interpretation) is

amended as follows.

          (2)      In subsection (1) after the definition of “public authority” there is inserted—

               ““public prosecutor”, “requisition” and “written charge” have the

same meaning as in section 28 of the Criminal Justice Act 2003;”.

35

          (3)      In subsection (2), after paragraph (b) there is inserted—

                    “(ba)                      where a public prosecutor issues a written charge and

requisition for the offence, when the written charge and

requisition are issued;”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

40

  11       In section 2(1) of the Criminal Justice (International Co-operation) Act 1990

(service of United Kingdom process overseas) after paragraph (a) there is

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 2 — Charging etc

    346

 

inserted—

                    “(aa)                      a written charge and requisition (within the meaning of

section 28 of the Criminal Justice Act 2003) charging a person

with an offence and requiring that person to appear before a

court in England and Wales; and”.

5

Criminal Justice and Public Order Act 1994 (c. 33)

  12      (1)      Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation,

etc, of witnesses, jurors and others) is amended as follows.

          (2)      In subsection (9), for the word “and” at the end of the definition of

“potential” there is substituted—

10

                                      ““public prosecutor”, “requisition” and “written charge” have

the same meaning as in section 28 of the Criminal Justice Act

2003;”

          (3)      In subsection (10)(a), after sub-paragraph (i) there is inserted—

                           “(ia)                             when a public prosecutor issues a written charge and

15

requisition in respect of the offence;”.

Drug Trafficking Act 1994 (c. 37)

  13      (1)      Section 60 of the Drug Trafficking Act 1994 (prosecution by order of

Commissioners of Customs and Excise) is amended as follows.

          (2)      In subsection (6) for the word “and” at the end of the definition of “officer”

20

there is substituted—

                                      ““public prosecutor”, “requisition” and “written charge” have

the same meaning as in section 28 of the Criminal Justice Act

2003;”.

          (3)      In subsection (6A), after paragraph (a) there is inserted—

25

                    “(aa)                      when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

Merchant Shipping Act 1995 (c. 21)

  14      (1)      Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)

is amended as follows.

30

          (2)      In subsection (2)(a), after sub-paragraph (i) there is inserted—

                           “(ia)                             when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

          (3)      After subsection (2) there is inserted—

              “(2A)                In subsection (2) above “public prosecutor”, “requisition” and

35

“written charge” have the same meaning as in section 28 of the

Criminal Justice Act 2003.”

Terrorism Act 2000 (c. 11)

  15      (1)      Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an

offence: timing) is amended as follows.

40

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 3 — Disclosure

    347

 

          (2)      In sub-paragraph (1), after paragraph (a) there is inserted—

                      “(aa)                        when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

          (3)      After sub-paragraph (2) there is inserted—

          “(2A)                                   In sub-paragraph (1) “public prosecutor”, “requisition” and

5

“written charge” have the same meaning as in section 28 of the

Criminal Justice Act 2003.”

Proceeds of Crime Act 2002 (c. 29)

  16      (1)      Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as

follows.

10

          (2)      In subsection (1), after paragraph (a) there is inserted—

                    “(aa)                      when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

          (3)      After subsection (8) there is inserted—

              “(9)                In this section “public prosecutor”, “requisition” and “written

15

charge” have the same meaning as in section 28 of the Criminal

Justice Act 2003.”

Part 3

Disclosure

Prosecution of Offences Act 1985 (c. 23)

20

  17       In section 22B of the Prosecution of Offences Act 1985 (re-institution of

proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for

“section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A”.

Criminal Justice Act 1987 (c. 38)

  18       In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious

25

fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

  19       In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order

1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i)

and (iii) of paragraph (5) are omitted.

30

Criminal Procedure and Investigations Act 1996 (c. 25)

  20       The Criminal Procedure and Investigations Act 1996 is amended as follows.

  21       In section 3 (primary disclosure by prosecutor), for the heading there is

substituted “Initial duty of prosecutor to disclose”.

  22       In section 4 (primary disclosure: further provisions), in the heading for

35

Primary disclosure” there is substituted “Initial duty to disclose”.

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 3 — Disclosure

    348

 

  23       In section 5 (compulsory disclosure by accused), subsections (6) to (9) are

omitted.

  24       In section 6 (voluntary disclosure by accused), subsection (3) is omitted.

  25       Section 7 (secondary disclosure by prosecutor) shall cease to have effect.

  26       Section 9 (continuing duty of prosecutor to disclose) shall cease to have

5

effect.

  27       In section 10 (prosecutor’s failure to observe time limits), in subsection (1),

for paragraph (b) there is substituted—

                    “(b)                      purports to act under section 7A(5) after the end of the period

which, by virtue of section 12, is the relevant period for

10

section 7A.”

  28       In section 12 (time limits)—

              (a)             in subsection (1), for “and 7” there is substituted “, 6B, 6C and 7A(5)”;

              (b)             in subsection (5), for “7” there is substituted “7A(5)”.

  29       In section 13 (time limits: transitional), for subsection (2) there is

15

substituted—

              “(2)                As regards a case in relation to which no regulations under section

12 have come into force for the purposes of section 7A, section 7A(5)

shall have effect as if—

                    (a)                   in paragraph (a) for the words from “during the period” to

20

the end, and

                    (b)                   in paragraph (b) for “during that period”,

                              there were substituted “as soon as is reasonably practicable after the

accused gives the statement in question”.

  30       In section 14 (public interest: review for summary trials), in subsection (2)(a),

25

for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

  31       In section 15 (public interest: review in other cases), in subsection (2)(a), for

“7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

  32       In section 16 (applications: opportunity to be heard), in paragraph (a) and in

the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8),

30

8(5)”.

  33       In section 17 (confidentiality of disclosed information), in subsection (1)(a),

for “7, 9” there is substituted “7A”.

  34       In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5),

9(8)” there is substituted “5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5)”.

35

  35       In section 20 (other statutory rules as to disclosure)—

              (a)             subsection (2) is omitted, and

              (b)             in subsection (5)(a), for “sections 3 to 9” there is substituted “sections

3 to 8”.

  36       In section 31 (preparatory hearings in complex cases etc.), paragraphs (a)

40

and (c) of subsection (6) are omitted.

  37      (1)                        Section 77 (orders and regulations) is amended as follows.

          (2)      In subsection (5)—

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

    349

 

              (a)             after “No” there is inserted “regulations or”, and

              (b)             after “section” there is inserted “6A or”.

          (3)      In subsection (6)(b) after “regulations” there is inserted “(other than

regulations under section 6A)”.

  38       In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6),

5

7(5), 8(5) or 9(8)” there is substituted “3(6), 7A(8) or 8(5)”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

  39       In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which,

when in force, will add a subsection (6) to section 1 of the Criminal

Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is

10

substituted “section 3 or 7A”).

Part 4

Trials on indictment without a jury

Indictments Act 1915 (c. 90)

  40      (1)                        Section 5 of the Indictments Act 1915 (orders for amendment of indictment,

15

separate trial and postponement of trial) is amended as follows.

          (2)      In subsection (5)(a) for “are to” there is substituted “(if there is one)”.

          (3)      In subsection (5)(b) after “discharged” there is inserted “under paragraph

(a)”.

Criminal Law Act 1967 (c. 58)

20

  41       In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury”

there is inserted “or otherwise act”.

Criminal Justice Act 1967 (c. 80)

  42       In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty

by order of a judge)—

25

              (a)             for “the defendant being given in charge to a jury” there is

substituted “any further steps being taken in the proceedings”, and

              (b)             after “verdict of a jury” there is inserted “or a court”.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

  43       In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of

30

offences) after “jury” there is inserted “or otherwise act”.

Criminal Appeal Act 1968 (c. 19)

  44       In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

              (a)             for “the jury were discharged from giving a verdict” there is

substituted “no verdict was given”, and

35

              (b)             for “convicting him” there is substituted “his being convicted”.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 23 May 2003